When sending goods by sea, various types of bills of lading are issued. The differences in the design of these documents lie in certain sending conditions.

Bill of lading - (French connaissement):

  1. A document containing the terms of a contract of carriage by sea. The rules on the bill of lading are contained in the International Convention for the Unification of Certain Rules on the Bill of Lading dated August 25, 1924 (as amended in accordance with the Brussels Protocol of 1968), as well as currently in the current Merchant Shipping Code of the USSR.;
  2. A document of title giving its holder the right to dispose of the cargo. Common in foreign trade. Issued by the carrier to the sender after acceptance of the cargo and certifies the fact of conclusion of the contract. The bill of lading defines the legal relationship between the carrier and the consignee. If the mandatory conditions for the recipient are not set out in the bill of lading, then reference is made to the document in which they are contained (usually the charter).

Can be composed:

  • to the bearer, to the name of the recipient (nominal);
  • order of the sender or recipient (order).

A bearer bill of lading is transferred in exchange for cargo by mere delivery. Personal bill of lading - by endorsement or in another form, but in compliance with the rules established for the transfer of a debt claim. According to an order bill of lading, the cargo is issued either to the order of the sender (recipient) of the cargo, or to the order of the bank. If it is not indicated that the bill of lading is drawn up "to the order of the recipient", then it is considered to be drawn up to the "order of the sender". Usually the bill of lading is drawn up in several copies, and in each one a note is made about their number. After the cargo is released according to one of the copies of the bill of lading, the rest become invalid.

A bill of lading refers to securities. A bill of lading is called “clean” if the carrier has not made any comments or claims regarding the quantity and quality of the goods, and “unclean” if it contains reservations about the condition of the transported goods or cargo.

The bill of lading shall indicate:

  • name of the vehicle,
  • carrier,
  • sender,
  • recipient,
  • place of reception or loading,
  • destination of the cargo,
  • its name,
  • freight and other payments due to the carrier,
  • time and place of issue of the bill of lading,
  • number of copies compiled.

The transfer of a bill of lading is carried out according to the rules for the transfer of securities (registered, order or bearer) and is equivalent to the transfer of cargo. The bill of lading is one of the main documents required for customs control of goods transported by sea.

  • On-board bill of lading- On Board Bill of Lading (Board B/L) - certifying that the goods accepted for transportation were actually loaded onto the ship.
  • Share bill of lading- Delivery order - a document of title issued by the carrier or consignee with confirmation by the captain of the ship. Used when the consignee has partially sold the goods before he has accepted delivery. A share bill of lading is an order for the transfer of a certain part of the transported cargo at the port of destination to another person.
  • Insured Bill of Lading- Insured Bill of Lading - is a combination of a transport document with an insurance policy and serves as evidence of both acceptance of cargo for transportation and its insurance, used when transporting cargo in containers.
  • Personal bill of lading- Straight Bill of Lading (Straight B/L) - drawn up in the name of a specific consignee. According to a registered bill of lading, the cargo is transferred at the port of destination to the recipient indicated in the bill of lading. The cargo can be released to another person only on the basis of a transaction executed in compliance with the rules established for the transfer of a debt claim.
  • Bill of lading to bearer- transferred in exchange for cargo by simple delivery.
  • Bill of lading for cargo accepted for loading- Received for shipment Bill of Lading (Received for shipment B/L) - a bill of lading for cargo accepted for loading at the port in anticipation of a ship that has not yet arrived.
  • Linear bill of lading- Liner bill of Lading (Liner B/L) - a bill of lading issued by or on behalf of a shipping company and covering transportation on ships operating on regular routes in accordance with an established and published schedule.
  • Bill of lading with reservations("unclean" bill of lading, "dirty" bill of lading) - Claused bill of Lading (Claused B/L; Unclean bill of lading) - a bill of lading in which notes are made about damage to the cargo and/or packaging.
  • Local bill of lading- Local bill of Lading - with reference to the through bill of lading, according to which the cargo was accepted for transportation. Local bills of lading have official value for line and port reporting and are not documents of title.
  • Order bill of lading or negotiable bill of lading- bill Order of lading; Negotiable bill of landing (Negotiable B/L) - according to which the cargo is transferred either to the “order” of the shipper, or to the “order” of the consignee, or to the “order” of the bank, or according to the endorsement of the person to whose “order” it was drawn up. If the order bill of lading does not indicate that it is drawn up to the “order” of the recipient, then it is considered to be drawn up to the “order” of the sender. “Order” is a note about the person to whom the cargo is transferred. Let's say the recipient cannot handle the cargo at the port of destination, in this case the cargo is accepted by the forwarder, who will be this person.
  • Straight bill of lading- Direct bill of lading - a bill of lading covering shipment between immediate ports of loading and unloading on the same ship.
  • Composite bill of lading or group bill of lading- Combined (Collapsible) bill of lading - for several cargoes intended for different consignees.
  • Through bill of lading- Through Bill of Lading (Through B/L, TBL) - providing for the transshipment of cargo to another ship at an intermediate point and covering the entire transportation of cargo from the port of loading to the final destination. Such transportation is possible if the carrier has several regular lines in different directions or by agreement between two carriers - receiving the cargo at the port of departure and delivering it further from the transshipment port. Typically, carriers jointly transporting cargo under a through bill of lading stipulate their mutual obligations - each carrier is responsible only for that section of the route on which it carries out transportation. With a through bill of lading, it is important to have clear marks indicating the transfer of cargo from one carrier to another.

The history of the Bill of Landing began in 1924, when the Convention was first adopted, which made it possible to unify the rules. The document has since become known as the Hague Rules, or maritime bill of lading.

It subsequently underwent several changes in 1968 and 1979, and the Russian Federation implemented it for domestic companies in 1999. At the moment, the document is valid in more than 40 countries of the world that have access to the world's oceans.

The transport and logistics company “Customs Technologies” professionally carries out deliveries in accordance with the sea bill of lading to all countries that have joined this Convention. In addition, our specialists will competently fill out and execute this document, as well as other accompanying documentation. All work is carried out as quickly as possible on the basis of current regulations.

Download a sample bill of lading.

The bill of lading is the basis for deliveries by sea and is drawn up on the basis of the navigator's receipt and loading order. In this case, the document is:

  • Agreement on cargo transportation between the shipper and the sea carrier.
  • A receipt from the transport company for accepting the cargo on board. To do this, a stamp is affixed to the document indicating the fact of loading the goods on board.
  • Certificate of ownership of the loaded products.
  • Certification of a contract for maritime transportation indicating its terms and the powers of regulation between the parties to the transportation agreement.

Bill of Landing sample

To avoid problems with sea transportation of goods, our company has prepared a sample for filling out this document. Otherwise, there is a possibility that the cargo clearance process will be delayed.

At a minimum, this document must contain the following information:

  • Vessel name. This rule is true if there is a name for a predetermined watercraft.
  • Carrier name.
  • Name of loading place.
  • Name of the shipper.
  • Name of place of arrival of goods. When using a charter flight - the direction of the vessel.
  • Full name of the specific person receiving the cargo.
  • Product name indicating markings and technical characteristics.
  • The contract for freight and its payment, as well as other documents on payments.
  • Place and time of receipt of the bill of lading.
  • Number of official originals of the document.
  • Signature of an authorized person. This may be the captain, the ship owner or a representative of the transport company.

Types of bills of lading

The sea bill of lading can be presented in several versions. The standard version is called an order bill of lading indicating the consignee or the person entitled to the endorsement.

There are also a large number of additional options:

  • Onboard type. Indicates that the cargo is loaded on the ship.
  • Document for loading. Transfers risks to the vessel owner after delivery of cargo for loading.
  • Clean bill of lading. It states that the product is in good condition externally.
  • Bill of lading with reservations. Confirms that the goods were delivered with visible defects.
  • Negotiable bill of lading. Can be transferred between different owners.
  • Personalized document. The recipient of the cargo indicates his last name, the bill of lading is non-negotiable.
  • Bill of lading payable to bearer.
  • Linear document. Contains all terms of the contract.
  • Freight document. Contains separate explanations of the agreement, but is not a full-fledged agreement.
  • Through bill of lading. It is used for multimodal transportation with the ability to use several carriers.

The process of selecting a bill of lading and filling it out is quite complicated. If you have any questions, contact our professionals who will answer them quickly and easily by phone or chat.

There are three types of through bills of lading: sea, regular and intermodal bills of lading.

A sea-through bill of lading is a series of independent contracts for the carriage of goods by two or more subsequent carriers. Each carrier is responsible for the cargo entrusted to it on the site and during the period of time determined by its bill of lading.

A regular through bill of lading is a document confirming the responsibility of the person who issued it for the carriage of goods by subsequent carriers from the place of loading to the place of destination. A regular through bill of lading covering at least two different modes of transport is called a multimodal or multimodal bill of lading.

A claim under a sea-through bill of lading may be brought against the original carrier. A lien may be enforced against the subsequent carrier because the original carrier acts as the shipper's agent for it. If the carriers, during negotiations before filing a claim, have not established in writing who is in charge of the cargo when the losses occurred, it is advisable to file a claim against all carriers.

Under a regular through bill of lading, a claim can be brought against the first carrier at the place of loading/unloading of the cargo.

In the case of using a through bill of lading, much will depend on where the claim is brought, when each leg of transportation is governed by the law of the place of each shipment.

The cargo is released only to the holder of the through bill of lading.

Under a through bill of lading, freight is paid either at the port of loading by the shipper, or at the port of unloading by the recipient of the cargo, regardless of the transshipment ports.

In practice, some shipping companies issue only a through bill of lading, despite the fact that road and/or rail transport may be involved in delivering the cargo to its final destination.

If the original bill of lading is issued from the port of loading to the port of discharge without transhipment, such a bill of lading is called direct ( direct B/L ).



Linear, charter, onshore, and onboard bills of lading are used as a form of sea transportation contract in liner shipping.

Linear bill of lading (linear B/L) - a document that sets out the will of the sender, aimed at concluding a contract for the carriage of goods.

Charter bill of lading (charter B/L) - a document issued to confirm acceptance of cargo transported on the basis of a charter. A charter is a charter agreement, i.e. an agreement to hire a vessel for a voyage or for a specified period of time. The charter bill of lading does not serve as a document for the execution of a contract of sea transportation, since in this case a separate contract for the charter of the vessel is concluded in the form of a charter.

Both line and charter bills of lading define the relationship between the carrier and a third party - the bona fide holder of the bill of lading. A bill of lading is a receipt issued by the carrier to the sender confirming acceptance of cargo for carriage by sea, as well as a document of title. In this case, the contract for the purchase and sale of goods, as well as other transactions in relation to the goods, are carried out through a bill of lading without the physical transfer of the goods themselves.

Shore bill of lading (custody B/L)- a document that is issued to confirm the acceptance of cargo from the sender on shore, usually at the carrier’s warehouse. When cargo is accepted on board a ship for which a shore bill of lading has been issued, a note is made in it about the loading of the goods on the ship and the date of loading and other marks are indicated. Sometimes a shore bill of lading is replaced by an onboard bill of lading.

On board bill of lading (on board B/L) - a document issued when goods are loaded onto a ship.

Next, you need to consider the procedure for issuing bills of lading. At the request of the shipper, the carrier may issue several originals of the bill of lading, which indicate how many originals were issued. Regardless of how many original bills of lading are issued, once the cargo is released under one of them, the rest become invalid.

In addition to the originals of the bill of lading, a certain number of copies are made and stamped "soru", "non negotiable n, that is " copy", document" not negotiable", a document on which trade transactions cannot be carried out. However, not only copies of bills of lading are non negotiable a registered bill of lading is also non negotiable B/L. Concept "negotiable" means "negotiable", "transferable (bought or sold)".

A bill of lading that does not contain any reservations about any irregularities in the cargo or packaging is called clean B/L - clean bill of lading. However, this is a simplified definition of a pure bill of lading. In practice, the situation is much more complex and therefore there are many definitions of a pure bill of lading. However, the main idea of ​​​​the definition of “clean” is the absence of reservations that would discredit the cargo. The antonym of a clean bill of lading is an “impure” bill of lading ( foul, unclean, claused), a bill of lading that contains a clause about cargo damage, packaging irregularities, shortages, etc.

If corrections are made to the bill of lading, the broker's initials and stamp must be indicated "Alleration approved" -“change approved” - and the name of the company. When the destination changes, the broker enters it into the bill of lading with a clause "Destination changed to ..." -“destination changed...”, which is included in all originals of the bill of lading. If this entails a change in freight, the broker will enter a clause "Freight and surcharge paid/payable at...". Expression "Quasi-negotiable" - as if a negotiable document and expression " semi-negotiable instrument" - semi-negotiable document - in relation to trade documents, in particular a bill of lading, means that the document contains certain, but not all, features (characteristics) of a negotiable document.

In conclusion, it is also necessary to dwell on the problem of sea waybills, which arose relatively recently. In recent years, the issue of replacing the bill of lading with the sea waybill for international transport has been widely discussed. This is primarily due to a reduction in the title function of the bill of lading and an increase in the speed of transportation. Today, a ship often arrives at its destination port much earlier than the bills of lading arrive. The traditional system of foreign trade transactions using documentary letters of credit, the custom of issuing several original bills of lading contributes to fraudulent activities. At the same time, in many cases there is no need to issue order bills of lading, since the owner of the cargo does not change during the transportation process. The sea waybill is issued in the name of a specific recipient, so the cargo can be issued without presenting the original.

However, the introduction of a sea waybill into the practice of international transportation requires the solution of some legal issues, in particular: what should be its details, what standards will determine the carrier’s liability for loss, damage and delay in delivery of cargo, what are the rights and obligations of the sender and recipient. Although some carriers have already developed the relevant conditions, without a uniform solution to these issues at the international level, it is unlikely that sea waybills will be widely used in international sales and transport transactions.

The IMC Assembly, held immediately after the Lisbon Conference in 1985, decided to create an International Sub-Committee on Sea Waybills, which would study all these issues and propose possible solutions. This could be an international convention or, more likely, uniform rules approved by the MMK, on ​​the basis of which sea waybills will be issued.

However, we practically do not think about the nature of this document, its functions and some of the nuances of its application in international trade.

The bill of lading is one of the oldest documents used in international trade, and therefore in maritime transport. It is often described as the most important document in international trade, largely because of its multiple roles, so to speak. This is a document considered vital for international sales contracts, as it proves loading on board the vessel, and therefore the fact of export from the country (which, however, may or may not be the country of origin of the goods).

It is a document that can be sold to other buyers, which is why it is called a negotiable instrument.

The date of signature proves, or at least is visible evidence, that the cargo has been placed on board the vessel, which sets in motion a whole series of actions, including the key to the operation of a letter of credit issued by the buyer in favor of the seller.

The bill of lading also acts as proof of export within a certain time frame, which may be a requirement for the shipper to comply with export quota regulations in some countries.

The bill of lading also acts as evidence (or visible evidence) of the condition of the cargo on board, as well as the condition of the cargo that the buyer or consignee has the right to expect at the time of delivery to the port of destination.

If we talk about the legal framework, initially the regime for the use of bills of lading was regulated by the British Bills of Lading Act of 1855 1. If we translate from the old-fashioned and cumbersome language of this law into modern, then the main functions of the bill of lading can be presented as follows:

1. This is a receipt for acceptance of cargo on board the transporting vessel.

2. This is a document of title, i.e. the owner of the original bill of lading has the right of access to the goods described therein.

3. This is proof of the conclusion of the contract of carriage.

It should be noted that the 1855 Act does not actually define the term "bill of lading".

The 1855 Act was repealed and replaced by the British Carriage of Goods by Sea Act 1992 2 (COGSA 1992), which came into force on 16 September 1992. COGSA 1992 also does not define the term “bill of lading”, although numerous references include the above functions.

On August 25, 1924, the International Convention for the Unification of Certain Rules Relating to Bills of Lading 3, better known as the Hague-Visby Rules 4, was signed in Brussels.

Yet there is a legal definition that became international in November 1992, after the United Nations Convention on the Carriage of Goods by Sea, 5 better known as the Hamburg Rules 1978 6, was ratified by the required number of countries (namely twenty) in October 1991. Although the Hamburg Rules are internationally recognized, their recognition does not mean they are universal. In other words, so far only a few countries have ratified these rules (currently 26 countries), and not all of them have ratified this convention clearly and unambiguously.

Here is the definition of a bill of lading given by the Hamburg Rules:

“A bill of lading is a document confirming the conclusion of a contract of carriage by sea and the acceptance or loading of cargo by the carrier, and by which the carrier undertakes to transfer the cargo against delivery of the document. The provision in the document that the goods must be delivered to the order of a named person, either to the “order” or “to bearer”, contains the same obligation.” 7

Receipt for acceptance of cargo on board

What happens in practice: the goods arrive at the loading port and can be placed either in a warehouse or on a pier. In scheduled shipping, a warehouse or pier may be owned (or at least controlled) by the shipping line. In this case, the court will find that the cargo was placed in the “continued possession of the vessel.” The wharf manager, port operator or warehouse manager then issues a document known as a “received for shipment” bill of lading 8 . Such a document is not valid for the purpose of receiving money from the bank under the terms of the letter of credit and, therefore, cannot be sold, i.e. is not negotiable. It is simply a record that the goods have been received in advance for loading by the person who will be loading, i.e. the carrier (and its employees or agents).

In tramp shipping you can hardly see the issue of a bill of lading “received for shipment”. There are two main reasons for this:

1) partly because there is no practical reason for this, since the goods may be loaded in bulk from trucks or railway wagons or from a grain elevator or stack that may remain in port for some time;

2) partly because the document "received for shipment" is usually needed only by shipping companies to know how much cargo has been "transferred" on board a regular cargo ship, and so that agents, loading brokers and forwarders can calculate how much more cargo needs to be delivered to the port before the ship is theoretically full and loading operations can begin.

Thus, tramp shipping usually deals only with “shipped on board” bills of lading 9 which show that the goods have actually been loaded on board. The date at the bottom of such bill of lading must correspond to the date on which the entire cargo was loaded on board the vessel. And it no longer matters whether the ship actually leaves the port of loading or sinks in this port: the goods covered by such a bill of lading are, by definition, already shipped(i.e. loaded), and freight must therefore be paid by the charterer to the shipowner.

Most often, the on-board bill of lading is accompanied by the word “clean”. This only means that before the three originals are signed on the bill of lading, there is no written remark by the master to indicate that the cargo is in any way different from what it should be; in other words, the master could note on the bill of lading that the cargo is rusty, bent, crushed, broken, torn, insect-eaten, too wet, or make any other similar remarks regarding the condition of the cargo at the time of its presentation to the ship.

document of title

The cargo could be sold by the charterer to the recipient at the port of discharge. Therefore, the recipient needs to pay for the cargo (usually through a letter of credit) before he can access it. When the charterer (seller) sells cargo to the consignee (buyer), he is effectively selling title to the cargo.

“Group title” in this sense means “giving ownership of the goods.” Armed with the original negotiable bill of lading, the consignee can then board the ship upon its arrival at the port of discharge and lay claim to the cargo on board. What did the charterer or seller actually do? He transferred his title to the goods to the buyer. This "transfer" is called an endorsement because he endorses (or signs on the back of) three originals of the bill of lading. The new holder of the bill of lading is therefore called the "endorse". And, of course, nothing can prevent the endorsee from selling his newly acquired title to the cargo to a third party, either before or during loading operations on the ship, or even while the ship is on the high seas, moving towards the port of discharge. This type of trading happens every day, and it often happens that many of these traders who buy and sell cargo rights never see the cargo, nor do they have any desire to see it. That's why they are called "paper traders." The nature of the product becomes almost immaterial. However, many of them are experts in their field and can handle the physical transfer of the goods if they choose.

Thus, the holder of the bill of lading has title to the cargo represented by the document. If it is an original on-board bill of lading, it becomes a negotiable instrument and can be sold and resold for consideration. Therefore, the bill of lading also proves the right to sue for title to the cargo 10 .

However, not all transactions go so smoothly. Sometimes the cargo described on the bill of lading is not shipped to any specific person. This phenomenon is known as “blank-order” shipping, and such bills of lading are known as “blank-order” and even “blank” (do not confuse these two concepts!). This is done if, for example, the original seller does not know the identity of the final buyer, and cannot know, since he is knowingly selling the title to the cargo to a paper trader, who, of course, will sell the cargo to a third party.

Ownership of the cargo is valid only until the cargo is transferred to the holder of the bill of lading. If such bill of lading holder appears before the master upon the ship's arrival at the port of destination and is able to prove his identity to the master, the cargo will be handed over to that bill of lading holder.

On the issue of proof of identity. Let's imagine what would happen if the holder of the bill of lading found or otherwise acquired the original bill of lading. After the cargo from the ship has been handed over to him, the real holder of the bill of lading arrives, who has just paid a significant amount of money under the letter of credit for this cargo. It is natural to assume that he will be quite upset when he discovers that the cargo has been transferred to someone else. Hence the need for extreme vigilance by the master in identifying and confirming the identity of the holder of the bill of lading with the named consignee.

This problem, of course, does not arise when the captain is presented with a blank order bill of lading, since such a document is akin to a bearer check: the essence of both is extremely simple - “pay X thousand dollars to the bearer of this piece of paper.” It is for this reason that the original bill of lading is usually issued in triplicate: a few lines printed at the bottom of the document state that once one of the originals is “fulfilled” (i.e. exchanged for cargo), the other two become invalid. This phrase is introduced to prevent the extreme embarrassment and financial trouble that the owner of the vessel may face if he is sued for the value of the cargo by the real consignee who is the rightful holder of the bill of lading, which is the document of title to the same cargo that the captain gave to another side.

In British law, the decisive evidence in the hands of the true holder of the original bill of lading is the description of the condition of the loaded goods 11 .

There is no limit to the number of copies of the bill of lading issued by the master or the port agent on his behalf. These copies are non-negotiable and are known as CNN (copies non-negotiable). They are usually issued in quantities of 12, but can be produced in quantities of 6 or 20. These are simply records for record keeping and cannot be confused with the originals.

Proof of contract

To begin with, it is important to realize that a bill of lading is not a contract of either commercial sale or maritime transport. However, this is often the only connection between the holder of the bill of lading and the beneficial (or actual) owner of the ship. It is also the best possible (and often the only possible) evidence of the existence of a separate contract of carriage concluded between the owner of the cargo, who may also act as an exporter or shipper, and the carrier, who may be a tramp "beneficial" shipowner or a "disposable" owner ( i.e. time charterer) or operator or voyage shipping company. Thus, the actual contract may be either a charter party or a line booking note (freight certificate).

The conclusion of a contract actually takes place as soon as an agreement is reached on the carriage of goods. Such an agreement can also be oral. In reality, verbal agreements are often entered into between tramp ship brokers on behalf of their respective principals. And it is always good to put on paper the main terms (and, if possible, all the details) of such an agreement so that at a later stage there will be no (at least theoretically) any disputes regarding its contents. The subsequent issuance of the bill of lading only confirms such agreement. This is true for transportation by both regular and tramp vessels.

The contract of carriage between the carrier and the shipper reflects the conditions under which the carrier accepts the goods for transportation. If the shipper enters into a charterparty agreement with the carrier, the substantive terms typically found on the back of the bill of lading may be superseded by the terms of the charterparty agreement.

The original shipper (seller) may also be the charterer of the vessel. Then a clause appears on the front side of the bill of lading: “Freight payable as per Charter Party” 12. This phrase in some way relates the holder of the original bill of lading to the charter party, even though the “designated” holder is not contractually related to the owner of the vessel. Therefore, it is the bill of lading that is contractually bound to the charter party.

A bill of lading does not meet the usual definitions of a contract. In particular, it is not signed by both parties and therefore does not constitute a contract between them. It is signed by only one party - the carrier's representative. However, when a bill of lading is sold to a final third party, it may be considered to contain a contract of carriage. So a bill of lading can become a contract of carriage by endorsement.

A bill of lading is only “assignable” to a counterclaim (most often by way of a bank letter of credit) if it is an original, of which there are usually three. There are many copies that are non-negotiable (CNN), but these are issued for informational purposes only - for the convenience of port agents, port authorities, customs officers, stevedores, freight forwarders, ship brokers, shipowner and operator operations departments, insurance companies and/or their brokers, government agencies, traders, financiers and any other parties involved in international trade.

Shipowners and charterers are free to insert any agreed provisions into their charterparty contracts, but the bill of lading is subject to the rules specified in the Paramount clause. This clause often provides a choice between the Hague-Visby Rules and the Hamburg Rules, i.e. Only one rule may apply to one bill of lading and one shipment. These rules strictly regulate the rights, duties, responsibilities and privileges of the cargo carrier. It follows that any clause contained in the bill of lading that does not comply with these rules is invalid.

While the bill of lading can be used to judge the establishment of a contractual relationship between the carrier and the shipper, a big question remains, around which litigation or arbitration disputes are ongoing, namely who is considered the carrier if the ship is sailing under a time charter. Let us recall that a time charter is a contract for chartering a vessel, according to which the shipowner, while remaining the owner and maintaining control over the crew, places it at the disposal of the charterer for a certain period of time for the transportation of any legal cargo. The charterer has the right to load the vessel to the load line, using all its cargo spaces. The following general provisions are typical for a time charter: the shipowner provides the charterer with a vessel fully crewed and bears all costs for maintaining the crew, maintaining the vessel in a suitable condition for operation, its insurance and the purchase of lubricants; the charterer bears all costs for the purchase of fuel, water, payment of taxes, port dues, services of pilots and tugs, loading and unloading and other work related to the carriage of goods; The charterer pays rent for the entire time he is on time charter, with the exception of the time when he was unable to fully use the vessel (an accident or breakdown of the vessel, etc.), which is called time outside the charter. While the vessel is under time charter, the captain is obliged to obey the charterer's orders regarding the commercial operation of the vessel and other issues related to transportation.

The most commonly used word accompanying the phrase “shipped on board bill of lading” is the word “clean.” It means that before the three originals were signed, there were no written remarks by the master on the bill of lading, which would indicate that the cargo was somehow different from what it should be. In other words, the master could note on the bill of lading that the cargo is rusty, crooked, dented, broken, torn, infested with insects, too wet, or make any other remark regarding the condition of the cargo when it arrived on the ship.

If the master has not made such a clause on the bill of lading, i.e. did not render it "dirty", he and his shipowner would likely be liable for any damage which the charterer, shipper or recipient of the cargo could readily allege occurred while the cargo was on the ship.

Complicated situations often arise where the charterer's or shipper's letter of credit requires the presentation of an original, clean on-board bill of lading, without which the bank will not pay the letter of credit. However, the master will naturally be reluctant to issue such a “clean” document if the goods do not actually deserve, so to speak, a clean bill of lading. In such cases, the charterer issues a letter of guarantee (Letter of Indemnity), which supposedly releases the shipowner from liability (although this is neither factually nor legally possible) for the condition of the cargo at the port of destination. But it is worth noting that, as a rule, obviously damaged cargo is simply not taken on board. Nevertheless, this form of letter of guarantee does exist (Fig. 1).

Rice. 1. Example of a letter of guarantee against the issuance of a blank bill of lading

Another option is a letter of guarantee for cargo delivery without presenting the original bill of lading. It happens that the bill of lading is lost before the ship arrives at its destination port. Then the captain may refuse to release the cargo. Solution - the charterer/consignee must submit a properly authorized letter of guarantee for the delivery of the cargo without presenting the original bill of lading (Fig. 2).

Rice. 2. An example of a letter of guarantee in exchange for delivery of cargo without presenting the original bill of lading

There are standard forms of letters of guarantee issued in exchange:

1) for delivery of cargo to a port other than the port specified in the bill of lading;

2) delivery of cargo to a port other than the port specified in the bill of lading, and without presentation of the original bill of lading;

3) delivery of cargo under an unendorsed bill of lading (Fig. 3).

Rice. 3. An example of a letter of guarantee in exchange for delivery of cargo to an unendorsed bill of lading

Banks often turn a blind eye to such situations, since such temporary blindness allows them to negotiate a letter of credit in favor of their client, for which they, of course, will take a commission. To avoid the appearance of fraudulent transactions (unless they are, of course), such letters of guarantee are provided with bank guarantees from time to time depending on the financial condition of the charterer. Such bank guarantees, however, are extremely rare and are usually provided by banks that do not belong to the “community” of banks called the “first-class Western bank”.

In conclusion, we list some of the main types of bills of lading.

On-board bill of lading— On Board Bill of Lading (Board B/L) — a bill of lading certifying that the goods accepted for transportation were actually loaded onto the ship.

Bill of lading for cargo accepted for loading,- Received for Shipment Bill of Lading (Received for Shipment B/L) - a bill of lading for cargo accepted for loading at the port in anticipation of a ship that has not yet arrived.

Share bill of lading— Delivery Order is a document of title issued by the carrier or consignee with confirmation by the captain of the ship. Used when the consignee has partially sold the goods before he has accepted delivery. A share bill of lading is an order for the transfer of a certain part of the transported cargo at the port of destination to another person.

Personal bill of lading- Straight Bill of Lading (Straight B/L) - a bill of lading drawn up in the name of a specific consignee. According to a registered bill of lading, the cargo is transferred at the port of destination to the recipient indicated in the bill of lading. The cargo can be released to another person only on the basis of a transaction executed in compliance with the rules established for the transfer of a debt claim.

Blank bill of lading- Blank Bill of Lading - a bill of lading to bearer, which is transferred in exchange for cargo by simple delivery.

Order bill of lading— Order Bill of Lading; Negotiable Bill of Lading (Negotiable B/L) is a bill of lading by which the cargo is transferred either to the “order” of the shipper, or to the “order” of the consignee, or to the “order” of the bank, or according to the endorsement of the one whose “order” it was drawn up. If the order bill of lading does not indicate that it is drawn up to the “order” of the recipient, then it is considered to be drawn up to the “order” of the sender. “Order” is a note about the person to whom the cargo is transferred. Let's say the recipient cannot handle the cargo at the port of destination, in this case the cargo is accepted by the forwarder, who will be this person.

Composite bill of lading- Combined (Collapsible) Bill of Lading - a bill of lading for several cargoes intended for different consignees.

Linear bill of lading- Liner Bill of Lading (Liner B/L) - a bill of lading issued by or on behalf of a shipping company and covering carriage on ships operating on regular routes in accordance with an established and published schedule.

Bill of lading with reservations(“unclean” bill of lading, “dirty” bill of lading) - Claused Bill of Lading (Claused B/L; Unclean Bill of Lading) - a bill of lading in which notes are made about damage to the cargo and/or packaging.

Straight bill of lading- Direct Bill of Lading - a bill of lading covering shipment between immediate ports of loading and unloading on the same ship.

Through bill of lading— Through Bill of Lading (Through B/L, TBL) - a bill of lading that provides for the transshipment of cargo to another ship at an intermediate point and covers the entire transportation of cargo from the port of loading to the final destination. Such transportation is possible if the carrier has several regular lines in different directions or by agreement between two carriers - receiving the cargo at the port of departure and delivering it further from the transshipment port. Typically, carriers jointly transporting cargo under a through bill of lading stipulate their mutual obligations - each carrier is responsible only for the section of the route on which it carries out transportation. With a through bill of lading, it is important to have clear marks indicating the transfer of cargo from one carrier to another.

1 - The Bills of Lading Act 1855.

2 - Carriage of Goods by Sea Act 1992.

3 - International Convention of the Unification of Certain Rules of Law Relating to Bills of Lading.

4 - Hague-Visby Rules.

5 - UN Convention on the Carriage of Goods by Sea.

6 - 1978 Hamburg Rules.

7 - “Bill of Lading means a document which evidences a contract of carriage by sea and the taking over or loading of the goods by the carrier and by which the carrier undertakes to deliver the goods against surrender of the document. A provision in the document that the goods are to be delivered to the order of a named person, or “to order”, or “to bearer”, constitutes such an undertaking". United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules). Part I, Article 1 (author's translation).

8 - Received for loading (English).

9 - Loaded on board (English).

10 - See art. 2 COGSA 1992.

11 - Art. 3 The Bills of Lading Act 1855 and Art. 4 The Carriage of Goods by Sea Act 1992.

12 - Freight is paid according to the charter party (author's translation).